Chapter 13 Multiple choice questions

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. Which Act was introduced in 2006 which changed the existing law on fraud?

The Fraud and Dishonesty Act 2006 correct incorrect

The Fraud Act 2006 correct incorrect

The Theft and Fraud Act 2006 correct incorrect

The Fraudulent Offences Act 2006 correct incorrect

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. Which of the following is not a way in which fraud can be committed?

By false representation correct incorrect

By failing to disclose information correct incorrect

By abuse of position correct incorrect

By appropriation correct incorrect

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. The actus of reus of fraud by false representation is a conduct crime which means that...

It is necessary to prove a result ensued correct incorrect

It is necessary that the representation be believed correct incorrect

It is not necessary to prove that any particular result ensued correct incorrect

It is necessary to prove that property was obtained correct incorrect

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. Which of the following statements about false representation is incorrect?

A representation may be made by words or conduct and may be express or implied correct incorrect

A representation is false if it is untrue or misleading and D knows that it is or might be so correct incorrect

A representation is misleading if it is less than wholly true and capable of an interpretation to the detriment of the victim correct incorrect

A false representation is only made when it is communicated, i.e. heard or otherwise received by another correct incorrect

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. Section 2(5) of the Fraud Act 2006 makes express provision for the situation where the representation the defendant makes is made to a...

Business correct incorrect

Animal correct incorrect

Human correct incorrect

Machine correct incorrect

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. Which of the following is not an element of the mens rea of fraud?

The representation must be unreasonable correct incorrect

Knowing that the representation is or might be false correct incorrect

Intending to make a gain or cause a loss correct incorrect

Dishonesty correct incorrect

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. D, copies DVDs on sale in the store where he works intending to sell the copies on eBay. Which of the following statements is correct?

He could be charged with fraud by false representation correct incorrect

He could be charged with fraud by failing to disclose information correct incorrect

He could be charged with fraud by abuse of position correct incorrect

He could not be charged with any fraud offence correct incorrect

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. Which test will the courts consider when establishing whether the defendant was dishonest?

Gomez test correct incorrect

Ivey v Genting Casinos test correct incorrect

Caldwell test correct incorrect

Ghosh test correct incorrect

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. Which of the following is not an element of the mens rea for obtaining services dishonestly?

Recklessness correct incorrect

Dishonesty correct incorrect

Knowledge correct incorrect

Intention correct incorrect